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CC - 1998-36 - Nominating Margaret Clark to Represent Cities Without Water Pumping Right Borads of the SG Water Quality Authority• • RESOLUTION NO. 98-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA NOMINATING COUNCILMEMBER MARGARET CLARK TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Water Quality Authority; and WHEREAS, the Board of the San Gabriel Water Quality Authority is composed of five members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive water pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive water pumping rights; and WHEREAS, the City of Rosemead is one of the cities in the San Gabriel Basin without prescriptive water pumping rights; WHEREAS, the City of Rosemead may nominate a representative by resolution from September 17, 1998 through October 17, 1998. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Rosemead nominates Councilmember Margaret Clark as the representative for cities in the San Gabriel Basin without prescriptive water pumping rights. PASSED, APPROVED AND ADOPTED this 25th day of August, 1998. ATTEST: I hereby certify that the foregoing Resolution No. 98-36 was duly and regularly adopted by the Rosemead City Council at a regular meeting held on the 25th day of - - August, 1998, by the following vote: Y s: Vasquez, Taylor, Bruesch, Clark, Imperial No: None C Y CLERK' Absent : None Abstain: None CCIRK '4V • • PROCEDURES FOR CALLING AND CONDUCTING ELECTIONS OF CITY MEMBERS AND ALTERNATES FROM CITIES WITH PUMPING RIGHTS AND FROM CITIES WITHOUT PUMPING RIGHTS TO THE BOARD OF THE SAN GABRIEL WATER QUALITY AUTHORITY PURSUANT TO SB 1679 Definition. "Authority" means the San Gabriel Basin Water Quality Authority. "Board" means the San Gabriel Basin Water Quality Authority Board, which is the governing body of the Authority. "City" means a city which partially or entirely overlies the Main San Gabriel Basin or a city which has, or may acquire, the right to pump water from the basin. "Cities with pumping rights" means cities which have pumping rights in the basin in accordance with the judgment and includes the Cities of Alhambra, Arcadia, Azusa, Covina, El Monte, Glendora, Industry, Irwindale, Monrovia, Monterey Park, South Pasadena, and Whittier. "Cities without pumping rights" means cities which do not have pumping rights in the basin in accordance with the judgement and includes the Cities of Baldwin Park, Bradbury, Duarte, La Puente, La Veme, Rosemead, San Dimas, San Gabriel, San Marino, Sierra Madre, South El Monte, Temple City and West Covina. "Judgment" means the judgment, as amended or as it may be amended, of the Superior Court in and for the County of Los Angeles in Upper San Gabriel Valley Municipal Water District v. City of Alhambra (Case Number 924128). "Main San Gabriel Basin" or "basin" means the groundwater basin underlying the land within the boundaries of the Authority. 2. City Members of the Board - Number and Qualifications. a). There shall be two members, and two alternates, of the Board of the Authority which are elected by the cities. One member, and one alternate, shall be elected by the cities with pumping rights. One member, and one alternate, shall be elected by the cities without pumping rights. b). An alternate member shall act in the place, and perform all the duties, of the city member selected by the same cities if that city member is absent from a meeting of the Authority or has vacated his or her office until the vacancy is filled pursuant to the provisions of SB 1679 as set forth below. • • c). The member and alternate from cities with pumping rights shall be City Council members or Mayors from cities with pumping rights. The member and alternate from cities without pumping rights shall be City Council members or Mayors from cities without pumping rights. d). No person who, directly or indirectly, at the time of election, receives, or during the two-year period immediately preceding election received, 10 percent or more of his or her income from any person or public entity subject to regulation by, or that receives grants from or contracts for work with, the Authority may serve as a member of the Authority. City Member of the Board - Term of Office. The term of the city member shall commence on the first Monday in January and each member shall hold office for a term of four years and until the successor takes office. 4. Time and Place of Election. An election of the city member and alternate from the cities with pumping rights and from the cities without pumping rights shall be conducted at the Board's final regular meeting of the calendar year preceding the expiration of the term of the office of that city member. The election held to elect the initial city member and alternate from the cities with pumping rights and from the cities without pumping rights shall be conducted at a regular meeting of the Board prior to March 1, 1993. Voting Rights of Cities. a). A City with pumping rights may vote for candidates to be elected to represent cities with pumping rights. A city with pumping rights may note vote for candidates to be elected to represent cities without pumping rights. b). A City without pumping rights may vote for candidates to be elected to represent cities without pumping rights. A city without pumping rights may not vote for candidates to be elected to represent cities with pumping rights. c). The number of votes which a city may cast is determined by the population of the city. Each city has one vote for each 10,000 residents or majority fraction thereof, as determined by the most recent United States decennial census data. The number of votes to which a city is entitled shall be computed by rounding the population of the city to the nearest 10,000 and dividing that number by 10,000. Each city has a minimum of one vote. 6. Nominations. a). Nominations for candidates for a city member elected by cities with pumping rights may be made by any city with pumping rights. Each city may nominate only one candidate. • • b). At least 120 day preceding the meeting at which the election is to be held, the Authority shall send, by certified mail - return receipt requested, a Call for Nominations to the city council of each city with pumping rights. Such Call for Nominations shall be prepared in accordance with the sample attached as Exhibit "A-1". c). Nominations for candidates for a city member elected by cities without pumping rights may be made by any city with pumping rights. Each city may nominate only one candidate. d). At least 120 day preceding the meeting at which the election is to be held, the Authority shall send, by certified mail - return receipt requested, a Call for Nominations to the city council of each city without pumping rights. Such Call for Nominations shall be prepared in accordance with the sample attached as Exhibit "A-2" e). Nominations shall be made by resolution of the city council of the nominating city. All nominations shall be submitted to the Authority at least 60, but not more than 90 days preceding the meeting at which the election is to be held. Ballots. a). The Authority shall compile all nominations which were received from the cities with pumping rights and shall prepare a ballot listing all nominated candidates in accordance with the sample ballot attached as Exhibit "B-1". b). The Authority shall compile all nominations which were received from the cities without pumping rights and shall prepare a ballot listing all nominated candidates in accordance with the sample ballot attached as Exhibit "B-2". c). Each ballot shall indicate the number of votes which the city is entitled to cast. d). At least 45 days before the meeting at which the election is to be held, the Authority shall distribute, by certified mail - return receipt requested, the ballots to each city eligible to vote in the election. 8. The Election. a). Each city shall cast all of its votes for one candidate, by resolution of the city council. The resolution casting the city's votes shall be delivered to the Authority at least 24 hours before the meeting of the Board at which the election is held. Any resolution not received by the Authority 24 hours before the election may not be counted. b). At the Meeting at which the election is held, the Board of the Authority shall cause the votes to be counted. The candidate receiving the highest number of votes cast • • by cities with pumping rights shall be elected to fill the office representing cities with pumping rights. The candidate receiving the next highest number of votes cast by cities with pumping rights, who is not a city council member from the same city as the candidate receiving the highest number of votes, shall be elected as the alternate member. The candidate receiving the highest number of votes cast by cities without pumping rights shall be elected to fill the office representing cities without pumping rights. The candidate receiving the next highest number of votes cast by cities without pumping rights, who is not a city council member from the same city as the candidate receiving the highest number of votes, shall be elected as the alternate member. Vacancy. A vacancy in the office of a city member or alternate shall be filled by a special election called by the Authority. Only those cities which are eligible to vote for the member or alternate to the office in which the vacancy has occurred (i.e. with pumping rights or without pumping rights) are eligible to vote in the special election for that office. Nominations and balloting shall be conducted in the same manner as a regular election, except that the date of the election and time periods shall be as prescribed by the Authority. The member or alternate elected to fill a vacancy shall meet the qualifications applicable to the vacant office and shall serve for the remaining term of the vacant office. a). In the event the person holding the office of alternate member representing cities with pumping rights is elected to fill the vacancy for member, then the candidate receiving the next highest number of votes in the same election shall be elected to the office of alternate member; and b). In the event the person holding the office of alternate member representing cities with pumping rights is not elected to fill the vacancy for member, then he or she remains the alternate. c). In the event the person holding the office of alternate member representing cities without pumping rights is elected to fill the vacancy for member, then the candidate receiving the next highest number of votes in the same election shall be elected to the office of alternate member; and d). In the event the person holding the office of alternate member representing cities without pumping rights is not elected to fill the vacancy for member, then he or she remains the alternate. 0 0